Curtis J. Moore v. Gerard Ballone, Superintendent, Central State Hospital James P. Mitchell, Virginia State Penitentiary

WINTER, Circuit Judge:

Curtis Jasper Moore petitioned for a writ of hateas corpus under 28 U.S.C. § 2254 (1976), alleging that his criminal convictions in a Virginia state court were obtained through the use of evidence procured during a custodial interrogation conducted by the police in violation of his rights under the fifth and sixth amendments to the Constitution. The district court, 488 F.Supp. 798, granted the writ and the Commonwealth of Virginia appeals. We affirm.

I

Moore was convicted of the rape and murder of an 88 year-old woman, Eva King Jones, at her home near the police station in…